Can You Sue the Police For Medical Negligence?
Law enforcement officers swear an oath to protect and serve, but their actions don’t always align with that mission. When officers deny or delay medical treatment for detainees and prisoners, they can cause severe physical and psychological harm. They’re also violating their legal duty to support the well-being of individuals in their custody.
Content Last Updated: April 11, 2025
If you or a loved one has suffered due to a lack of medical care while in custody, you might be eligible to sue the police for medical negligence and seek the justice and compensation you deserve.
Can You Sue the Police for Medical Negligence?
Under 42 U.S.C. 1983, individuals can file lawsuits against state and local government officials for violations of their constitutional rights. This law, which is a provision of the Civil Rights Act of 1871, also allows you to sue a police department for delaying or denying proper medical care while you are incarcerated or detained.
When filing a claim under this statute, you can seek compensation for medical expenses, including hospital stays, prescription medication, and ongoing treatment. In addition, you can recover damages for the physical and psychological pain and suffering you experienced.
In some situations, medical negligence has fatal consequences. If someone you love died because of the police’s denial of medical care, you can file a wrongful death suit. Rather than seeking damages for your physical suffering, you will try to recover compensation for other losses, including final medical expenses, lost wages, and loss of consortium, meaning the intangible benefits of a relationship like companionship and love.
What Is Police Medical Negligence?
Police medical negligence occurs when law enforcement officers, including correctional staff, state troopers, and city police, fail to provide necessary medical care to detainees and prisoners. For the situation to qualify as negligence, the person must suffer preventable harm to their physical health as a result of this delay or denial of care.
Types of Medical Negligence by Police
When inmates in jails and prisons have medical emergencies or chronic illnesses, law enforcement officers are responsible for making sure they receive care from a qualified professional. Unfortunately, they sometimes overlook or intentionally disregard those needs.
Officers can neglect your medical needs in many different ways, including:
- Ignoring requests for medical attention
- Denying medication for chronic conditions
- Failing to provide emergency medical care
- Delaying access to a doctor or hospital
- Ignoring visible injuries or clear signs of medical distress
- Neglecting to provide follow-up care after a medical evaluation or treatment
- Providing inadequate mental health care
Each of these kinds of medical negligence can lead to severe pain, permanent physical impairments, and death. For example, a person with a chronic health condition can experience life-threatening effects after missing a single dose of their prescribed medications.
Examples of Police Medical Negligence
The police have ignored inmates’ medical rights in many documented cases, and some have ended in tragedy. One such instance was the death of William Marshall, who suffered fatal drug toxicity in 2018. As he suffered convulsions, he and other inmates in the jail pleaded for help, but officers simply removed him from his cell. They didn’t provide any medical treatment or take him to a hospital, and this lack of care ultimately resulted in his death.
One of the most well-known victims of alleged negligence is Sandra Bland, who died while detained in a jail in Waller County, Texas in 2015. Following her death, investigations revealed the guards failed to check on her in a timely manner. She died of suicide in part due to this lack of attention and mental health support.
Legal Rights of Detainees and Inmates
The federal government guarantees certain rights to American citizens, and some of those protections extend to people in police custody. Among those is your right to care if you’re suffering from an illness, injury, or medical emergency while in jail or prison.
Laws Protecting Prisoners' Rights
The United States Constitution protects prisoners’ rights during detention, no matter whether they are awaiting trial or the court has already convicted them of a crime. More specifically, the Fourteenth Amendment affords pre-trial detainees the right to basic needs, including food, clothing, shelter, and medical care.
The Eighth Amendment protects convicted individuals by prohibiting cruel and unusual punishment and requiring prisons to provide humane conditions. If law enforcement officers deliberately ignore your medical needs, they are denying these rights and subjecting you to a dangerous environment.
Duty of Care in Police Custody
You’re in a vulnerable position as an ill or injured detainee because you don’t have the power to independently seek medical treatment. Instead, law enforcement officers have to take those steps on your behalf.
This obligation is more than a moral issue — if you are in police custody, the officers on duty are legally responsible for your well-being and required to protect you from harm. That includes providing sufficient medical care to prevent unnecessary suffering, physical harm, and death.
Officers who fail to uphold their duty of care may have violated your civil rights under federal law. If so, you can potentially file a legal claim against them and the agencies where they work.
How To File a Lawsuit for Police Medical Negligence
Suing police for medical negligence is a complex and often lengthy process. You’ll need to follow specific steps to file a legal claim against law enforcement agencies and the officers who failed to provide you with care.
Gathering Evidence for Your Case
During your police medical negligence case, you’ll have to prove the existence and severity of your medical condition as well as the response, or lack of response, from law enforcement. Gathering the right evidence is vital to supporting your statements and strengthening your case.
These are some of the items you can use to demonstrate your experience with police medical negligence:
- Medical records and photographs showing untreated conditions and injuries
- Statements from fellow detainees or officers who witnessed the neglect
- Jail or prison records of medical requests and responses by on-duty officers
- Video footage (if available) showing medical distress
An attorney can help you obtain this evidence and offer guidance on any other information you might need based on the specific details of your case.
Statute of Limitations for Filing a Lawsuit
Once you’ve collected the necessary information and documentation, you must submit your claim for a civil rights violation within the statute of limitations for the court to consider it.
The timeframe for civil rights claims differs depending on your state, but it ranges between one and three years. Although there are some exceptions, such as for victims who are legal minors, the court generally dismisses claims filed after the statute of limitations has passed. To avoid missing these vital deadlines or making technical errors in your claim, get legal help as soon as possible from an attorney with knowledge of police medical negligence.
How Police Brutality Center Can Help
Some people mistakenly assume that they have no rights once they go to jail or prison. If you or someone you love is arrested, remember that you can suffer civil rights violations in the custody of the police. If they neglect your medical needs by delaying or denying treatment, you can file a legal claim against the agency and officers involved.
Seeking damages from law enforcement is intimidating, especially if you don’t have legal representation. Police Brutality Center connects victims with experienced civil rights attorneys who specialize in cases of police medical negligence. By filing a claim, you can hold the responsible parties accountable for their behavior and the pain they caused.
